External commercial borrowing compliance for foreign lenders
RBI ECB framework, eligible borrower and lender categories, all in cost ceiling, minimum average maturity, end use restrictions, hedging requirements and reporting obligations for cross border lending to Indian entities.
ECB regulatory framework
- ECB framework under FEMA (Borrowing and Lending) Regulations, 2018 and RBI Master Direction on ECB.
- Track I (medium term foreign currency ECB): minimum average maturity 3 years, all in cost ceiling benchmark rate plus 500 bps.
- Track II (long term foreign currency ECB): minimum average maturity 5 years for INR denominated ECB.
- Track III (rupee denominated bonds: Masala Bonds): minimum average maturity 3 years for issuance to foreign investors.
Eligible borrowers and recognised lenders
- Eligible borrowers: companies, LLPs, SEZ units, SIDBI, EXIM Bank, port trusts, and other entities specified by RBI.
- Recognised lenders: international banks, multilateral financial institutions, export credit agencies, foreign equity holders (minimum 25% direct holding) and foreign collaborators.
- End use restrictions: not permitted for real estate, capital market investment, on lending (except specified infrastructure NBFCs) or equity investment.
- Borrowing limit (framework revised with effect from 16 February 2026): the higher of USD 1 billion outstanding or 300% of the borrower's net worth.
ECB compliance and reporting
- Form ECB (reporting to RBI) within 7 working days of loan agreement execution.
- Monthly ECB 2 return to RBI for drawdown, repayment and interest payment reporting.
- Hedging requirements: mandatory 70% hedging for ECBs with maturity of less than 5 years.
- Prepayment, refinancing and conversion: RBI guidelines and AD bank procedures.
How AMLEGALS assists
- ECB structure advisory including track selection, maturity and cost ceiling compliance.
- Loan agreement review for FEMA compliance and recognised lender eligibility.
- RBI reporting compliance: Form ECB filing and monthly ECB 2 returns.
- ECB restructuring, prepayment and conversion advisory.
What clients ask before they commit.
Short, direct, on the record.
01What is the minimum average maturity for ECBs in India?
Under Track I (foreign currency ECB), the minimum average maturity is 3 years. Under Track II (long term), it is 5 years. Masala Bonds (Track III) require a minimum average maturity of 3 years. For ECBs up to USD 50 million from a foreign equity holder, the minimum average maturity may be reduced to 1 year.
02Can a foreign parent company lend to its Indian subsidiary through ECB?
Yes, provided the foreign parent qualifies as a recognised lender (typically requiring minimum 25% direct equity holding in the Indian company). The ECB must comply with all in cost ceiling, minimum average maturity, end use restrictions and reporting requirements. Inter company ECBs from foreign equity holders have specific relaxations on maturity for amounts up to USD 50 million.
03What are the end use restrictions for ECBs?
ECB proceeds cannot be used for real estate activities, investment in capital markets, equity investment in India, on lending to entities for these prohibited activities, repayment of rupee loans (except under specific conditions), and general corporate purposes beyond a specified percentage. Infrastructure and manufacturing companies have broader end use permissions.
04Is hedging mandatory for ECBs in India?
Yes, for ECBs with maturity of less than 5 years, the Indian borrower must hedge at least 70% of the outstanding exposure through financial hedges (forward contracts, options, swaps) with AD Category I banks. ECBs with maturity of 5 years or more are exempt from mandatory hedging requirements.
Related resources
Discuss ECB structuring or compliance requirements
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